Texas can keep using voter ID law, appeals court says

Chuck Lindell @chucklindell

Wednesday

Sep 6, 2017 at 12:01 AMSep 22, 2018 at 1:21 AM

Texas can continue using its amended voter ID law, a federal appeals court said late Tuesday, blocking a lower-court ruling that said changes adopted by the Legislature in May could not fix a law that was drafted to intentionally discriminate against minority voters.

In a 2-1 ruling, the 5th U.S. Circuit Court of Appeals said Texas can continue requiring voters to show a photo ID at the polls while state officials appeal last month’s ruling by U.S. District Judge Nelva Gonzales Ramos of Corpus Christi.

Ramos issued an injunction Aug. 23 that permanently barred Texas from enforcing its voter ID requirements, saying the Republican-drafted law violated the Voting Rights Act and the U.S. Constitution because it was "enacted with discriminatory intent — knowingly placing additional burdens on a disproportionate number of Hispanic and African-American voters."

The divided appeals court panel granted Paxton’s request, saying his lawyers made a strong case by arguing that registered voters without the required ID could still cast a ballot by signing a "declaration of reasonable impediment" stating that they could not obtain photo identification and by showing documents that list a name and address, including paychecks or utility bills.

The panel said its order was made after an initial review of the arguments and would not be binding when the appeals court weighs Paxton’s appeal of Ramos’ decision.

"A temporary stay will allow this court to hear oral arguments and rule on the merits while preserving the status quo," Justices Jerry Smith and Jennifer Walker Elrod wrote for the majority.

Those arguments will be heard the week of Dec. 4, the court announced Wednesday.

Writing in dissent, Justice James Graves Jr. said he would not allow Texas to continue using its voter ID law at this stage of the appeal. In a similar case in 2016, the 4th U.S. Circuit Court of Appeals tossed out North Carolina’s voter ID law — even after it had been amended by lawmakers — because the underlying law was enacted with the intent to discriminate against minority voters, Graves said.